Terms and Conditions

By ordering products from Terra Photos LLC (Terra Media), you (Client) agree to the following terms and conditions

Terra Media’s Products

-Including but not limited to Photos, Videos, Floor Plans, Virtual Tours, Virtual Services
-Interior, exterior, and aerial photography of the Clients property.
-Virtual staging, and virtual twilight images of the Clients property.
-2D and 3D Floor Plans of the Clients property.
-Interior, exterior, and aerial video of the Clients property.
-Virtual tours of the Clients property.
-Terra Photos will host virtual tours free of charge for 6 months or until the property sells. Whichever comes first. After 6 months, the Client will be charged $10 a month for hosting.
-Terra Photos does not sell physical or digital products, but sells limited use licenses.
-The price of services is subject to change without notice
-All products are for marketing purposes only. All information regarding measurements and property lines are estimates.

Delivery of Products

-After the photographer visits the property for a photoshoot, products are digital and typically delivered within 48 hours.
-Photos will be available for download on a download page linked via email.
-Full size files and a smaller size (for web use) will be available.
-Files are available to download individually, or as a batch.
-Alternate forms of product delivery may be available upon request.
-The Client will not be able to review and select which photos undergo editing and delivery.
-All products will undergo inspection by Terra Media prior to delivery to the Client. If the products pass inspection and are delivered, the Client is then responsible for payment.
-Any corrections deemed necessary by the Client must be submitted within 10 days from receipt of the product.
-Delivery Schedule (Assuming no production delays, The Client can expect the following turnaround times)
- 1 business day
- Real Estate Photos
- Virtual Staging and Virtual Twilight
- Twilight Photographs
- 3D Virtual Tours
- 2D and 3D Floor Plans
- 2 business days
- Photo Revision Requests
- Video Revision Requests
- Social Media Reels
- Cinematic Listing Videos
- 3 business days
- Luxury Videos

Payment

-The individual who places an order with Terra Media is responsible for payment to Terra Media.
-Payment is due upon receipt of the products.
-Nonpayment
-If the Client does not pay for the products upon receipt. The Client will not be allowed to use the products in any form. The MLS may be contacted and instructed to take down the Terra Media’s products due to copyright infringement. The Client's broker/manager may be contacted and informed that The Client and brokerage is in violation of Terra Photos copyright through the use of Terra Media’s products.
-The continued use of Terra Media’s products without payment is copyright infringement and may result in legal action.
-In the event legal action is necessary due to nonpayment, the Client agrees to reimburse Terra Media for court costs, attorney fees deemed reasonable, and other legal expenses.

Cancellation

-All cancellations must be made prior to 24 hours before the scheduled appointment. If a cancellation occurs within 24 hours of the appointment, or The Client doesn't show up to the appointment and doesn't provide necessary information to complete the photoshoot, the Client will be charged a $25 cancellation fee.
-Repeat cancellations or no shows may result in a refusal to take The Clients future orders.
-Weather related cancellations.
-In the event of predictable bad weather, it is The Client’s obligation to cancel or reschedule the appointment with at least 24 hours notice.
-In the event of unpredictable bad weather, The Client may choose to reschedule, cancel, postpone or move forward with the appointment. Terra Media reserves the right to cancel, postpone, or reschedule the appointment. If The Client has elected to move forward with production and Terra Media agrees, Terra Media may fulfill a partial production to the best of it’s ability allowable by the weather.

-Terra Media owns all copyrights of all Terra Photos products.
-Terra Media grants The Client rights to use products delivered to The Client for marketing purposes under a non-exclusive, non-transferable license.
-The license is for the duration of the listing period, although some uses may be allowed for a longer period of time on a case-by-case basis.
-Clients may not resell or transfer any Terra Media product to anyone. Subsequent property owners or real estate agents are not entitled to use Terra Media’s products.

General Information

-These terms and conditions represent the only contract between Terra Media and The Client. (Unless otherwise specified). These terms and conditions are subject to revision.
-Terra Photos may cancel an appointment and refuse service at any time due to safety concerns. A full refund will be given under these circumstances.
-Aerial photography may be cancelled if the property is in restricted airspace (near an airport, military base, or other flight restricting locations), and Terra Photos is unable to get approval from the FAA to fly at The Client's property. Weather conditions may also result in rescheduling or cancelling of the shoot.
-Terra Media has full ownership of all products created, and reserves the rights to use them for marketing and promotional purposes, including but not limited to website content, advertising content, and email purposes.
-Terra Media is not responsible for the accuracy of third -party mapping software embedded on the Terra Media website
-Terra Media may use independent contractors. Terra Media is not responsible for any damages or negligence from the independent contractor.

Disclaimer of Warranties
-Terra Media provides it's products "as is" and "as available."
-Terra Photos does not give or provide any implied or express any warranty of any kind.

-Terra Photos does not sell or share your information. Any information given to Terra Photos is intended to be used for transactional purposes only. Please see our privacy policy for details.

Indemnification and Limitation of Liability

-The Client will indemnify and defend Terra Media against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the products or materials furnished by The Client. It is The Client's responsibility to obtain the necessary model or property releases and ensure they are full effect and in force.
-Terra Media shall not be liable to The Client, and Terra Media disclaims any liability, for consequential damages of any kind, even if The Client has advised Terra Media of the possibility or certainty of such damages.
-Terra Media’s cumulative liability for all claims arising out of or related to Terra Media products shall not exceed the amount paid by The Client to Terra Media for Terra Media’s products.